Detention: Interviews + Clock Times

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  • Detention:  Interviews and Clock Times
    • Times
      • summary offence
        • can only be detained for a maximum of 24 hours
      • indictable offences
        • can be detained for a another 12 hours
          • permission of senior officer (superintendent or above)
      • Magistrates can order a detention for a maximum of 96 hours
        • 1% of cases
      • custody officer to review 6 hours from start and then 9 and then 15
      • Terrorism cases
        • detention may be extended to 14 days by a magistrate
          • must be charged or released after this
            • senior judge needed to make 28 days
        • senior judge needed to make 28 days
        • Code H
        • PACE 1984
    • Rights of Detained Person
      • must be told their rights by custody officer
      • right to have someone informed
        • s.56 of PACE
        • done as soon as practicable
        • indictable offences
          • senior police officer may authorize a delay of up to 36 hours
            • reasonable suspicion that it may affect evidence
        • Code C
          • for a reasonable time to one person
          • if under 18 must contact someone responsible for their welfare
      • Right to Legal Advice
        • s.58 of PACE
        • own solicitor or duty solicitor
        • senior officer can delay a suspects rights to see a solicitor up to 36 hours
          • reasonable suspicion that solicitor is involved with case or may harm evidence
            • R v Samuel stated it would only be on rare occasions
      • right to see codes of practice
      • adequately clean, lit, heated, ventilated cell
      • 8 hours rest in any 24 hour period
      • adequate food and drink in any 24 hour period
    • Interview
      • must be  tape recorded or video in some police stations
        • more than one copy in case one is altered
        • Code F for Video Tape
      • breaks every 2 hours
      • appropriate adult for under 18s
      • right to have solicitor present
        • unless interview requires urgency
        • R v Samuel
      • No oppression or ill treatment
      • Right to silence
        • CJPOA 1994
        • presumed guilty
      • Code C
        • detained person must be sat in the interview
        • Custody officer must keep a record of all aspect of detentions
      • s.53 of PACE
      • Code E

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